N244 Lifting non-existent stay of unallocated court claim.

[miteaide]

If a claimant makes an application to lift a stay that does not exist, what sanctions could before the claimant?

What tools does the court or defendant have to get the claim thrown out despite being valid in these circumstances?
The claim status is unknown after the defendant filled its defence and the court does not respond to communication.

 

[brassnecked]

Could you expand on this a little, what sort of debt or what is the claim about?

[AndyOrch]

5 hours ago, miteaide said:

If a claimant makes an application to lift a stay that does not exist, what sanctions could before the claimant?

Why would a claimant waste £255 if there was no stay to unstay ?

What tools does the court or defendant have to get the claim thrown out despite being valid in these circumstances?

N244 application with reason ...fee £255
The claim status is unknown after the defendant filled its defence and the court does not respond to communication.

The court informed you on its acknowledgment of your defence what happens next....IE the claimant has 28 days to respond and proceed ...otherwise the claim is stayed.

 

 

Andy

[miteaide]

Thank you for replying
The defendant disputed the claim but filed/served no evidence as it doesnt have to before a trial. This financial institution then paid back what money it had of mine but not the court fee, 8% interest etc so the stay on N1 form notes does not apply.

 

[AndyOrch]

Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.

 

The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%..

Did it get to trial ? or is that yet to happen ? 

[SpeedyCBR1100]

If Andy is correct, that you have received the judgement amount but without costs or interest, then simply write to the Court, addressing your letter to the Judge so it does go in front of one.  I did exactly this and the Judge made an order that the other amounts be paid or the judgement would not be satisfied.